Brescia. Acquitted with doubt because it is not possible to establish with certainty the time of death of Diva Borina, the 86 year old found dead in her home in via Ballini in Urago Mella (Brescia) in March 2019.
The Court of Brescia expressed itself in this way in the reasons for the acquittal sentence against Salvatore Spina, the elderly lady’s carer and factotum, who ended up in the dock accused of voluntary manslaughter and was acquitted on appeal on 29 March, confirming the judgment already expressed in the first instance.
For the Court «we find ourselves faced with a case of contradictory nature of the evidence, so long as There is a series of circumstantial evidence against Spina which, considered as a whole, they would certainly have been suitable to indicate him as the perpetrator of the murder being prosecuted, but at the same time, it militates against its value the data relating to the time of death of the victim, which emerges, with a good degree of probability, from the overall assessments made by the various experts who have dealt with the issue”.
Therefore, lacking the certainty of Spina’s presence at the crime scene, it is not possible to state with certainty the charges against him, even if there is circumstantial data that would indicate him as the material perpetrator of the murder of the elderly widow, who lived alone.
Both at first instance and at appeal the public prosecution had requested 14 years in prison. However, although Spina was the number one suspect in the death of the pensioner who had registered her name in his name inheritance (another circumstantial element), for the Court the time of death was placed in a
time in which Spina was certainly not in the house of the woman who, according to the investigations, was killed, strangled with a scarf found at the crime scene, but whose perpetrator, five years later, has still not been identified.
